HOW DOES LEGAL SEPARATION WORK IN TEXAS

HOW DOES LEGAL SEPARATION WORK IN TEXAS

Many people have questions about what a legal separation is and if they may benefit from it before a divorce. However, the state of Texas does not recognize legal separations. Luckily, there are some options which may have similar results for those who are looking to protect themselves before a divorce.
In Texas, courts allow you to use temporary orders, protective orders, and even separation agreements to reach many of the same outcomes as someone in another state who files for a legal separation. All of these orders are similar to legal separations because they work to find solutions for parental visitation issues, financial support, property orders, and more.

What is a temporary order?

Temporary orders are choices made by family courts at the hearing that a couple signs their original petition for divorce. The court will help make decisions for concerns that need immediate attention for the safety of all parties and to protect the best interests of any children involved.

The most common issues that will be addressed in a temporary order include:

-Child Custody and visitation

-Child Support payments

-Spousal support

-Possession of vehicles

-Possession of marital home

-Health Insurance

-Bill Division

What to Consider if you are Served with a Divorce Petition, Citation, or Notice to Appear

A divorce proceeding is a difficult time for all parties involved. It is scary to be “served” with a petition for divorce. Fear, anxiety, and confusion are just some of the emotions that go through one’s mind when reading and absorbing an official Court document stating that a spouse wishes to end the relationship. Here are a few tips to keep in mind when you are served.

First, it is not the total end of the world. Do not give into immediate impulses and passions or fall prey to threatening or aggressive messages. Remember anything you say or do, especially in messages, texts or emails, may be used against you at Court. Do not give your spouse free arguments for the divorce.

Second, DO NOT use social media to vent frustration or talk about the divorce. Anything you write to third parties on social media may and will be used against you in Court. It may be hard but for your own benefit do not engage in frustrated tirades regarding your spouse on Facebook.

Third, find an experienced attorney, especially if children are involved. Be smart. It is not always prudent to hire a lawyer based on what appears to be the best financial deal possible when your children and possessions are at stake. The old axiom “you get what you pay for” is true when it comes to legal representation.

Fourth, save all hateful and scandalous remarks made by your spouse that have been emailed, texted, posted on social media or any other proof that can be saved against your spouse. Delete Nothing! Allow your spouse to dig his/her own hole. All of both spouse’s comments may be used in Court.

Finally, do not listen to your Spouse about any type of perceived legal outcomes. “I talked to a lawyer and he said you better sign this or I will get everything…”. This is common in family law. Do not fall for the trap, seek experienced representation and let the lawyer deal with your spouse or your spouse’s attorney. Do not be tricked into settling or giving up your children or possessions without competent assistance and advice from legal counsel.

HOW DOES FACEBOOK AND SOCIAL MEDIA AFFECT YOUR DIVORCE CASE

Information found on popular social networking sites has given divorce lawyers new tools in their divorce toolkits. Facebook and other sites are changing the legal landscape in divorce and child custody cases. Two-thirds of U.S. lawyers say Facebook is the primary source of evidence used in divorce cases.

During a divorce or child custody case, your social media account is fair game. In fact, more often than not, opposing attorneys will request a complete download of the opposing party’s Facebook archive. This archive includes all those secret messages you thought you deleted and anything you’ve ever put on Facebook. This information can then be used against you in your lawsuit.

Do Not Delete Anything

If you are involved in legal action, do not delete anything until you have discussed it with your lawyer first. If the judge finds out that you have deleted this information, you could be found guilty of destroying evidence, which is a very serious violation. The very fact that you deleted this information during your lawsuit can then be used against you. Destruction of evidence can lead to serious consequences, including the loss of child custody by a parent.

The moral of this story is: do not send messages that you don’t want to be displayed in a courtroom where you will have to explain why you said what you said or why you were communicating with that person in the first place.

WHEN CAN I MODIFY MY CHILD’S CUSTODY ORDER IN TEXAS?

 

MAT RUEDA LAW FIRM

Family Divorce/Child Support Attorney Austin, Texas

WHEN CAN I MODIFY MY CHILD’S CUSTODY ORDER IN TEXAS?

Are you a Texas parents who divorced? Custody arrangements were likely among the first thing you worked out. You may have made arrangements on your own through an amicable divorce. You may have relied on the court to decide things for you.

Arrangements that once benefited you may stop being beneficial in time. When that time comes, you may want to consider requesting child custody modifications.

Reasons to request modifications of a child custody orders:

The absence of a parent:

The absence of a spouse is one common reason. Absence can come in the form of:

• The incarceration of a parent

• The death of a parent

• The relocation of a parent due to military status

• A parent choosing to move

Parent is not following the current court orders:

Also, if a parent is not following custody guidelines, you can request a modification. But the court will want to see proof that you attempted to work things out with your ex-spouse first.

The endangerment of a child:

Another popular reason for modification is if your child’s safety is in jeopardy. Have they talked about wanting to leave or stay away from your ex-spouse’s home? Does your ex-spouse or anyone in their home struggle with domestic violence? If your child is in immediate danger, the court may change custody orders to keep them out of harm’s way.

WHAT DOES TEXAS CONSIDER A ‘COMMON LAW’ MARRIAGE?

WHAT DOES TEXAS CONSIDER A  ‘COMMON LAW’ MARRIAGE?

If you’ve lived with your partner for quite some time and decide to separate, are you considered common law married in Texas? Must you go through the divorce process? As Texas is considered a community property state, many individual enter into a common law marriage as an alternative to going through the process of applying for and receiving a marriage license. They believe that by not going through the legal marriage process that they are immune to the legal requirement to split certain assets. The State of Texas affords certain rights to individuals in a common law marriage.

Determining If You’re in a Common Law Marriage

Fam § 2.401 states the legal requirements of a Texas common law marriage:

1. A declaration of marriage signed by the parties; or
2. The couple agrees to be married and they live together while presenting themselves to others as a married couple.

The traditional standards of marriage also apply to common law marriage in Texas. For example, an individual who is under the age of 18 may not be considered common law married. An individual who is presently married to another person who is not a party to the common marriage also may enter into a common law marriage.

Divorce and Common Law Marriage

Individuals who meet the elements of being a party to a common law marriage have the same rights and responsibilities as individuals who enter into a traditional marriage. The difference between a common law divorce and a traditional divorce is that the common law marriage must first be proven to exist. Individuals in a common law marriage may file for a divorce for the same ground(s) as a traditionally married couple.

6 COMMON MYTHS WHEN IT COMES TO A TEXAS DIVORCE

6 COMMON MYTHS WHEN IT COMES TO A TEXAS DIVORCE

They Cheated, so I’ll Get More Money

If your partner cheated on you, it won’t usually make any difference to your divorce settlement, at least as far as your finances or assets are concerned.

While you can get an at-fault divorce in Texas if your partner has cheated on you, the difficulty in achieving this is much higher. You need to have substantial proof to present to a court, such as evidence of contact, money spent, etc.

I Don’t Work, So I’ll Get More Money

If during your marriage, you’ve relied on your partner financially, then you may be eligible for spousal support, or alimony as it’s often referred to.

However, in Texas, spousal support is fairly rare and quite limited in its availability.

You might only be granted it if you’ve been subjected to domestic violence, or if your child has a disability, for instance. It’s also only available to couples if they’ve been married for ten years or longer.

I Have My Own Bank Account, So I’ll Keep My Money

Just because it’s in your name, it doesn’t mean it’s protected from any divorce settlement.

Texas is a community property state. This means that assets (financial or physical) collected through marriage are usually the property of both unless an asset is inherited or gifted specifically to one half.

I Don’t like My Settlement, but I Can Renegotiate Later

It’s important to stress that once your settlement has been agreed and settled, under normal circumstances, you are unable to try and change it later.

However, not every situation is normal. The only real possibility that you could attempt to have your settlement renegotiated by a court is if there is some evidence of malpractice or fraud.

We Have to Go to Court

You don’t always have to go to court. If things are still amicable, you might be able to negotiate your settlement through mediation. If this is the case, the court will usually agree to your divorce agreement without attendance.

If you are unable to agree to a settlement through mediation or negotiation, then you can seek to bring your case to court.

I Won’t Get to See My Kids

Unless there is a valid reason for you not to see your children, you should have every right to see them.

WHAT DOES THE COURT MEAN BY ‘SOLE CUSTODY’

WHAT DOES THE COURT MEAN BY ‘SOLE CUSTODY’

In Texas, “child custody” is legally referred to as “conservatorship.” Furthermore, there are 2 types of conservators:

Managing Conservator

Parents can either be sole or joint managing conservators of a child. The sole managing conservator is granted exclusive rights to decide for their child. Additionally, the parent will obtain the right to:

• choose where the child will live;
• make appointments for medical, dental, and/or surgical procedures;
• consent to any psychiatric or psychological treatments for the child;
• give and receive payments for support of the child;
• represent the child during legal proceedings;
• consent to the child marrying or enlisting in the armed forces;
• make decisions regarding education; and/or
• act as an agent of the child in regards to their estate.

Possessory Conservator

Possessory conservatorship refers to who has physical custody of a child, whether that be full-time or through visitation. A court will usually implement a possession plan after the decision to grant either sole or joint conservatorship.

The law favors the idea that both parents share time as equally as possible. If there is no evidence of gross parental misconduct (neglect, abuse, etc.), the court will usually grant joint possessory conservatorship. It’s possible for one parent to obtain sole managing conservatorship while sharing possessory custody with the other parent.

HOW TO DIVIDE MARITAL (COMMUNITY) PROPERTY IN A TEXAS DIVORCE

HOW TO DIVIDE MARITAL (COMMUNITY) PROPERTY IN A TEXAS DIVORCE

When you decide to end your marriage in divorce, the process can seem overwhelming—especially when trying to decide who gets what when it comes to the house, the furniture, the vacation property, the dog and more. Each state has specific laws about property division in divorce, and in Texas, the law views any property or debts accumulated during the marriage as community property.

What does community property mean?

In Texas, assets and debts are split 50-50 between divorcing spouses. So, if your spouse isn’t listed on the title of your home, but it was bought while you were married, your spouse is entitled to half the current value of the home. If your spouse took time away from his/her career to raise your children, she still will be entitled to half of what you’ve earned in your retirement accounts during the marriage. If you started a business during the marriage, your spouse could be entitled to half of what the business is worth.

What all is considered community property?

The community property division rules in Texas extend to the following:

• Bank accounts
• Real estate and land
• Income
• Furniture and appliances
• Collectibles or antiques
• Vehicles
• Debts

Are there exceptions to community property?

There are exceptions to community property division in divorce. One is if you or your spouse has a separate account (savings/trust) owned prior to marriage, where that money has never commingled with money you’ve earned since marrying.

Another is if you took on debt on your own: with your own credit card. Additionally, an inheritance or gifts during the marriage to one spouse, are usually not considered community property.